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21 Sep 2023, 6:05 am by Michael Dreeben
Underscoring the emerging importance of these issues, a prominent law firm recently invoked Carpenter in arguing that its clients’ privacy interests justified quashing an SEC subpoena for client records. [read post]
19 Sep 2023, 10:30 pm by Tomasz Tadeusz Koncewicz
In light of a 70-year strong acquis jurisprudentiel, there is an untapped axiological and argumentative potential in Article 19 TEU (formerly Article 220 EC and Article 164 EEC). [read post]
14 Sep 2023, 9:21 am by Eleonora Rosati
While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October.Any feedback is welcome! [read post]
14 Sep 2023, 3:39 am by Eleonora Rosati
The objective of an appropriate balance of rights and interests is taken into account by the "three-step test" provided for in Art. 5(5) of Directive 2001/29/EC, the requirements of which are met according to the findings of the Court of Appeal.Next, according to the Federal Court of Justice, the further question arises whether the use "for the purpose" of a pastiche within the meaning of Article 5(3)(k) of Directive 2001/29/EC requires a finding of an… [read post]
8 Sep 2023, 8:04 am by Florian Mueller
At a London conference in June, I heard criticism of the proposal from professors who clearly are sympathetic to implementers' legitimate interests. [read post]
30 Aug 2023, 7:58 am by Florian Mueller
Besides many of his points being valid, what makes that paper significant is that he is an actual researcher as opposed to some corporate representatives that were also retained by the EC in the SEP Regulation context but have commercial interests such as selling services to licensors and licensees or getting paid by the EC later on to set up and run an EU SEP Register (in the latter scenario, the Court of Auditors should investigate). [read post]
29 Aug 2023, 8:10 am
These impacts are connected to a wide range of financial instruments, across many stages of investment and in all sectors, for example: Early-stage venture investments in surveillance technology and artificial intelligence;Approving additional project financing for a client despite reasonably knowable ongoing or potential adverse human rights impacts;Providing general corporate loans without human rights and environmental due diligence requirements, despite an awareness that such financing… [read post]
26 Aug 2023, 4:05 am by INFORRM
The Special Rapporteur argues that more needs to be done to protect the interests of the disadvantaged, despite advances in standards for access to information. [read post]
25 Aug 2023, 8:35 am by Kevin Bercimuelle-Chamot
In somewhat a potentially similar vein, this Kat came across an interesting post while browsing his Instagram feed. [read post]
1 Aug 2023, 6:34 am by musicandcopyright
Rights holder groups keep close eye on Europe as EC develops Web 4.0 and AI regulations The European Commission (EC) has confirmed the adoption of a new strategy on Web 4.0 and virtual worlds in a move to steer what is the next technological transition. [read post]
21 Jul 2023, 12:16 pm by Eleonora Rosati
Some of the highlights are, summarily, as follows:CopyrightThe EC’s observations on copyright focus on four main issues:Moral rights: the EC notes that moral rights are not harmonised at EU level, and it is “uncertain” how the moral and economic rights of authors and performers across virtual worlds will be enforced at national level;NFTs: the EC believes that the trading of protected assets will “often rely on NFTs” in future, and highlights… [read post]
5 Jul 2023, 2:31 pm by husovec
So I decided that if there is interest, I would be happy to host a DSA repository of student works related to the DSA. [read post]
21 Jun 2023, 9:14 am by Florian Mueller
Researchers commissioned by the EC could be provided with real-world evidence by industry (SEP holders as well as implementers). [read post]
8 Jun 2023, 4:07 pm by Simon Lester
There were cases such as Shrimp/Turtle, with a number of countries challenging a U.S. environmental measure; and EC - Hormones, with Canada and the U.S. challenging an EC ban on hormone-treated beef. [read post]